The Court of Appeal has confirmed Martins Amaewhule as the Speaker of the Rivers State House of Assembly and reinstated 24 other lawmakers. This ruling overturns a state High Court order that had restrained these 25 legislators, collectively known as the G-25, from acting in their official capacities.
Following the judgment, supporters of Nyesom Wike, the Federal Capital Territory Minister, celebrated. The All Progressives Congress (APC) also praised the decision, calling it a victory for the rule of law.
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Chidi Lloyd, chairman of Emohua local government, noted that the judgment invalidates the inauguration of local government caretaker committees by Governor Siminalayi Fubara. This stems from a suit filed by Oko-Jumbo seeking an injunction to prevent the lawmakers from performing legislative duties after defecting from their original party. The High Court had granted this injunction, but the lawmakers challenged the court’s jurisdiction.
The Appeal Court, in a unanimous decision by its three-member panel, ruled that only the Federal High Court has the authority to determine if a legislative seat is vacant, citing Section 272(3) of the Constitution. Justice Jimi Bada emphasized that the trial court should have allowed both parties to present their cases, deeming the ex-parte order by the Rivers State High Court unnecessary and prejudicial.
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The Court of Appeal struck out the original suit, ruling that the Rivers State High Court lacked the jurisdiction to hear the case. This decision reinstates the lawmakers and nullifies actions taken under the High Court’s order. Justice Bada highlighted that the delay in filing the suit indicated a lack of urgency, thus invalidating the ex-parte order.
Justice Hamma Barka and Justice Bilikisu Aliyu concurred with the lead judgment, affirming that all actions taken under the High Court’s order are void. The APC’s caretaker chairman, Sir Tony Okocha, commended the judgment for restoring legislative order and criticized the failure to recommend sanctions against the High Court judge.
In Wike’s camp, the ruling sparked celebrations. Local government chairmen, such as Lloyd and Samuel Nwanosike, hailed the judgment for upholding constitutional principles. Lloyd called for accountability for the judge whose order could have incited unrest.
Lloyd further stated that while the ruling has implications for tenure elongation disputes, he and his colleagues will await specific rulings before resuming their offices. He emphasized that the judiciary remains the ultimate protector of justice, reaffirming Amaewhule’s position as Speaker and validating the legislative actions taken by him and his colleagues.
